• Title/Summary/Keyword: human rights in school

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Legal issues of obtaining informed consent in pharmaceutical clinical trial as human material research : Focusing on the use of statutory form (인체유래물연구에 해당되는 의약품임상시험에서 동의 획득 기준의 법적 문제: <인체유래물연구동의서> 법정 서식의 사용을 중심으로)

  • Yoo, Sujung;Kim, Eunae
    • The Journal of KAIRB
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    • v.1 no.2
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    • pp.30-42
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    • 2019
  • In pharmaceutical clinical trials as human material research, the collection, use, storage and provision of human materials must be in accordance with the criteria stipulated in 「Bioethics and Safety Act」, except in the case that some criteria about it is in the law related to clinical trials such as 「Pharmaceutical Affairs Act」 and 「Enforcement Rule on Safety of Drugs, etc.」 so these take precedence over. Under 「Bioethics and Safety Act」, the core aspect of the legal standard for obtaining informed consent is the use of statutory form . The use of statutory form ensure that both those who obtain informed consent and those who give it can know the contents contained this form as well as recognize its importance. Thus, the person who has the right to informed consent can sign the statutory form after correct understanding of the contents. In reality, however, some researchers and IRB members determine that only the main informed consent form is to be used because most of contents on statutory from are included in the main informed consent form. Some other researchers and IRB members judge that the use of statutory form is not needed if human materials may only be used for laboratory testing and the rest will not be stored and provided for future use. Most of these determination and judgement is based on the interpretation of the Korea National Institute for Bioethics Policy(hereafter, KoNIBP) on IRB Information Portal Site. But, it is questionable whether the KoNIBP's interpretation is legally valid and the KoNIBP is the legal entity having authority to interpret existing statute. In some cased not only using the main informed consent form including enough information about the collection, use, storage and provision of human materials but also collecting necessary minimum human materials, and discarding the rest, unusing the statutory form may not cause the problem to respect and protect the research participant's rights. Therefore, the provision stipulating the criteria about the use of statutory form as the legal standard of obtaining informed consent that applies all human material research without exception should review to revise. At least, straighten out the confusion surrounding whether or not the statutory form is to be used, before the revision of related provision, considering the logical opinions of some researchers and IRB Members, the Ministry of Health and Welfare as the legal entity having authority to interpret existing statute should represent its opinion about permission of the acceptable exceptions.

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The Clinical Trial of Terminal Cancer Patients and The Nature of Self-Determination of The Subject (말기 암 환자에 대한 임상시험과 피험자의 자기결정권의 본질)

  • Song, Young-Min
    • The Korean Society of Law and Medicine
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    • v.15 no.1
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    • pp.211-237
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    • 2014
  • Because of unpredictability and high possibility of abnormal results by clinical trials compared to general medical behaviors, a procedure for ensuring with sufficient explanations by investigators must be secured. Therefore, in a sequence of clinical trials, what kinds of scope, stage, and method of explanations provided by investigators, including doctors or researchers, to trial subjects are closely related to the compensation for damages by violation of liability for explanation. In case of application of clinical trials to patients who have critical illness such as cancer, issues of "Quality of Life" regarding trial subjects, cancer patients, should be discussed. Especially, in case of clinical trials for terminal cancer patients, the right of subjects' self-determination, which is a fundamental principle in medical behaviors, should be discussed. The right of self-determination includes participation in clinical trials for the possibility of life-sustaining even a little bit, or no participation in clinical trials in order to have a time for completing the rest of his life. Like this, if the extent and scope of explanations related to the issues of "Quality of Life" are raised as main issues, the evaluation of "Quality of Life", should be a prerequisite. In many occasions, realistically, despite bad results such as deaths or serious adverse drug reactions after clinical trials, it may not be easy for compensating to trial subjects or their survivors, who requested civil compensation for damage. Futhermore, in abnormal results after concealment of clinical trials or performance of clinical trials without permission, and in the case of trial subjects' failures of proving proximate cause between the clinical trials and abnormal results, problematic results such as no protection to the trial subjects could be occurred. In performing clinical trials, investigators should provide sufficient explanations for trial subjects and secure voluntary informed consents from the trial subjects. Therefore, clinical trials without trial subjects' permissions and the informed consent process violate trial subjects' rights of self-determination, and the investigators shall be liable for compensation for damages. Then, issues might be addressed are what are essential contents of patients' "rights of self-determination" infringed by clinical trials without subjects' permissions. Two perspectives about patients' rights of self-determination might be considered. One perspective regards physical distress of patients (subjects) from therapies without sufficient explanations as the crux of the matter. The other perspective regards infringement of human dignity caused by being subjects without permission as the crux of the matter irrespective of risks' big and small influences. This research follows perspective of the latter. Forming constant fiduciary relation between investigators (doctors) and subjects (patients) pursuant medical contracts, and in accordance with this fiduciary relation, subjects, who are patients, have expectations of explanations and treatments by the best ways. If doctors and patients set this forth as a premise, doctors should assume civil liability when doctors infringe patients' expectations.

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The Mediated Moderation Effects of Parental Neglect on the Relationships between School Teacher Violence, Depression and Suicidal Ideation in Adolescents (학교 교사폭력이 청소년의 우울감과 자살생각에 미치는 영향에서 부모방임의 매개된 조절효과)

  • Jeon, Ji-Kyung
    • The Journal of the Korea Contents Association
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    • v.22 no.8
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    • pp.492-502
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    • 2022
  • This study was to verify the mediated moderation effects of parental neglect on the process where school teacher violence affected depression and suicidal ideation of adolescents. Data of 6,291 middle and high school students from 'research on the actual state of human rights of Korean children and adolescents IV' conducted by National Youth Policy Institute were analyzed. The analyses were carried out with SPSS 18.0 and Process Macro 4.0 using descriptive statistics, t-test, one-way ANOVA, regression analysis, and bootstrapping. The results showed that 1. school teacher violence and depression significantly influenced suicidal ideation of adolescents, 2. depression showed mediating effects on the process where school teacher violence influenced suicidal ideation, 3. parental neglect showed mediated moderation effects on the process where school teacher violence influenced suicidal ideation through depression. The study also suggested the necessity to complement the education and counseling program and the relevant policy for parents and teachers who could affect suicidal ideation of adolescents.

Cheonan Frigate Incident and Yeonpyeongdo Shelling by North Korea: Changing Public Opinion; Strategic Consideration (천안함·연평도 도발 이후 국민의식 변화와 대책)

  • Sohn, Kwang-Joo
    • Strategy21
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    • s.34
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    • pp.93-127
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    • 2014
  • During the four years following the sinking of the Cheonan frigate in 2010, the South Korean public opinion has seen changes in four basic ways. First, public polls with respect to the cause of the sinking show that 70% of the people consider North Korea as the culprit, while 20% maintain that it was not an act carried out by North Korea. Second, the opinions relative to the cause of the incident seem to vary according to age difference, generational difference, and educational difference. From 2011, people in their 20s showed 10% increase in regarding North Korea as the responsible party. People in their 30s and 40s still have a tendency not to believe the result of the investigation carried out by the combined military and civilian group. Third, the most prominent issue that arose aftermath of the Cheonan incident is the fact that political inclination and policy preference are influencing the scientific determination of the cause. In other words, scientific and logical approach is lacking in the process of determining the factual basis for the cause. This process is compromised by the inability of the parties concerned in sorting out what is objective and what is personal opinion. This confused state of affairs makes it difficult to carry on a healthy, productive debate. Fourth, rumors, propaganda, and disinformation generated by pro-North Korea Labor Party groups in the internet and SNS are causing considerable impact in forming the public opinion. Proposed Strategy 1. The administration can ascertain public trust by accurately determining the nature of the provocation based on accurate information in the early stages of the incident. 2. Education in scientific, logical, rational methodologyis needed at home, school, and workplace in order toenhance the people's ability to seek factual truths. 3. In secondary education, the values of freedom, human rights, democracy, and market economy must be reinforced. 4. It is necessary for the educational system to teach the facts of North Korea just as they are. 5. Fundamental strength of free democratic system must be reinforced. The conservative, mainstream powers must recognize the importance of self-sacrifice and societal duties. The progressive political parties must sever themselves from those groups that take instructions from North Korea's Labor Party. The progressives must pursue values that are based on fundamental human rights for all. 6. Korean unification led by South Korea is the genuine means to achieve peace in a nuclear-free Korean peninsula. The administration must recognize that this unification initiative is the beginning of the common peace and prosperity in the Far East Asia, and must actively pursue international cooperation in this regard.

Direction of Global Citizenship Education in the Age of Infodemic : A Case Study of the COVID-19 Pandemic in Korea

  • Jisu Park
    • International journal of advanced smart convergence
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    • v.12 no.1
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    • pp.82-91
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    • 2023
  • In 2020 when the COVID-19 pandemic began in full-scale, the WHO Director-General warned of the dangers of an infodemic. The infodemic is a phenomenon in which false information spreads rapidly like an epidemic and causes chaos, and it was noted that the COVID-19 pandemic is not just limited to health problems, but also linked to a variety of issues such as human rights, economic inequality, various discrimination, hate speech, fake news, global governance etc. In the field of education, it is necessary to think about how to connect this global situation with school classes. Accordingly, this study suggested the direction for global citizenship education by analyzing how the infodemic spreads on Korean social media with the case of the recent global COVID-19 pandemic. According to the research results, the rate of negative emotions was higher than positive ones in the emotions that generate infodemic, while anxiety and anger were focused among negative emotions. In addition, the infodemic tended to spread widely with the feelings of anger rather than anxiety, and the feelings of anger led to advocating aggressive policies against certain country and regions. Therefore, global citizenship education is required to focus on a sense of duty and responsibility as a citizen, not on the level of national identity based on an exclusive sense of belonging. Furthermore, global citizenship education needs to lead to presenting a blueprint for education in a way that can enhance the awareness of the global community for joint response to global challenges and realize common prosperity based on sustainability and justice.

Background and Activities of the Samsung Ombudsperson Commission in Korea

  • Lee, Cheolsoo;Kang, Seong-Kyu;Kim, Hyunwook;Kim, Inhee
    • Journal of Preventive Medicine and Public Health
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    • v.52 no.4
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    • pp.265-271
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    • 2019
  • Objectives: The Samsung Ombudsperson Commission was launched as an independent third-party institution following an agreement among Samsung Electronics, Supporters for Health and Right of People in Semiconductor Industry (Banolim in Korean, an independent NGO), and the Family Compensation Committee, in accordance with the industry accident prevention measure required by the settlement committee to address the issues related to employees who allegedly died from leukemia and other diseases as a result of working at Samsung's semiconductor production facilities. Methods: The Commission has carried out a comprehensive range of activities to review and evaluate the status of the company's occupational accidents management system, as well as occupational safety and health risk management within its facilities. Results: Based on the results of this review, termed a comprehensive diagnosis, the Commission presented action plans for improvement to strengthen the company's existing safety and health management system and to effectively address uncertain risks in this area going forward. Conclusions: The Commission will monitor the execution of the suggested tasks and provide advice and guidance to ensure that Samsung's semiconductor and liquid crystal display production lines are safer.

Free Employment and Qualification of Faculty in Religious University (종교계 대학에 있어서 교직원 채용의 자유와 제한)

  • Lee, Woo-Jin
    • The Journal of the Korea Contents Association
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    • v.9 no.12
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    • pp.836-842
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    • 2009
  • On April 14, 2008, National Human Rights Commission of Korea's recommendation led to severe argument that hiring qualification of religious school. it shall not be an unlawful employment practice for a school, college, university, or other educational institution or institution of learning to hire and employ employees of a particular religion if such organizations is, in whole or in substantial part, owned, supported, controlled, or managed by a particular religion or by a particular religious corporation, association, or society, or if the curriculum of such organizations is directed toward the propagation of a particular religion. An employer is a "religious organization" entitled to the exemption. So If the employer is a school, its history and mission, the religion of the faculty and students, and the religious focus of the curriculum must be examined. Consequently it is possible for religious educational institution to reject specific religionist.

U.S. Consumers' Motivations for Purchasing and Not Purchasing Fashion Counterfeit Goods

  • Kim, Hye-Jeong;Latour, Brittany N.
    • International Journal of Costume and Fashion
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    • v.12 no.1
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    • pp.11-27
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    • 2012
  • This study explores U.S. consumers' perceptions about fashion counterfeit goods and counter feiting and motivations for purchasing and not purchasing those goods. A qualitative research technique utilizing self-administered essay questions was used to collect data. A convenience sample of female college students(N=128) drawn from classes at Midwestern and Southern universities in the U.S. participated in this study. This study found that a majority of consumers tended to perceive that fashion counterfeit goods are merely imitations of the legitimate goods and that counterfeiting is producing and selling fake goods, but a small number of consumers associated those goods with illegally produced goods and illegal practices or violations of intellectual property rights. The major motivations for purchasing counterfeit fashion goods were found to be price/value consciousness, appearance of counterfeit goods, status consumption, availability of the goods, desire for souvenirs, and social(family and peer) influences. In addition, the major deterrents to purchasing these goods were identified as integrity/ethical judgment, poor quality of counterfeit goods, self-image/status, and unavailability of the goods. This study provides policy makers and anti-counterfeit coalitions with information to develop effective educational programs or campaigns to influence consumers' counterfeit fashion purchasing behavior.

Study on the Clinical Trial Practice of Drugs at the Designated Hospitals (국내 임상시험 실시기관의 의약품 임상시험 관리현황 분석)

  • Lee Eui-Kyoung;Jang Sun-Mee;Huh Soon-Im
    • Korean Journal of Clinical Pharmacy
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    • v.5 no.2
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    • pp.33-49
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    • 1995
  • The purpose of this study is to understand present situation of clinical trials, and evaluate the preparedness of the desiRnated institutions to abide by GCP(Good Clinical Practice) standards during clinical trials. Survey on the status of clinical trials was conducted for the desienated 83 clinical trial hospitals, and response rate was $95.2\%$. The results showed that 39 hospitals have conducted clinical trials to obtain drug manufacturing approval from 1990 to 1994. Most of them were trials on Phase III. Only $46.8\%$ of the institutions had sufficient human resources to perform the clinical trials. Institutions which established IRB(Institutional Review Board) accounted for 41 or $51.9\%$, but those who have a protocol evaluation guideline, or Adverse Drug Reaction(ADR) reporting system were only 12, and 21 Places, respectively. Regarding supervision of the investigational drugs, less than 30 institutions designated pharmacist as a supervisor. In conducting clinical trials, $97.4\%$ of trials had high rates of prior consent of testees, but only part of them-$61.7\%$-gave written consent. The level of conducting GCP is found to be unsatisfactory. Institutions must build the appropriate infrastructure and government must prepare in order to protect testees' rights as well as to ensure validity of the results.

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Recovery of People Living with Mental Illness: A Concept Analysis (정신질환의 회복[Recovery] 개념분석)

  • Yeu, Ki-Dong;Bernstein, Kun-Sook;Lee, Mi-Hyoung
    • Journal of Home Health Care Nursing
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    • v.19 no.1
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    • pp.46-54
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    • 2012
  • Purpose: The purpose of this study is to analyze the concept of recovery in relation to those living with mental illness and provide a better understanding to the definition, perspectives, and paradigm of recovery in phenomenon, as a conceptual knowledge. Methods: A literature review was conducted to define the concept of recovery from a mental illness by using key words, "recovery", "mental health and illness", "concept analysis" and "recovery-oriented nursing", and searching the Cumulative Index to Nursing and Allied Health Literature, PubMed, Cochrane library and RISS4U database. Concept analysis of recovery was done, by using the Walker and Avant's framework of concept analysis. Results: Attributes of recovery for those living with mental illness included regain, life reconstruction, hope, adjustment, and health. Antecedents of recovery from mental illness included instilling hope, recovery vision, belief, peer support, recovery-oriented services, empowerment, personal accountability, education, human rights and culture. The consequences, as meanings of recovery included self-esteem, hopeful life, positive adjustment, and healthy life. Conclusion: Concept of recovery is important for a nurse to understand when caring for a person living with mental illness. This concept of recovery from mental illness may apply to future studies to develop a recovery-oriented nursing intervention.

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